Consignor gave my trailer away.

Discussion in 'Ask An Owner Operator' started by Dafergus85, Oct 25, 2021.

  1. Dafergus85

    Dafergus85 Bobtail Member

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    I delivered a load to consignor. You are required to drop trailer and leave facility. I confirmed I would need a 10 hr break and that if load was finished before then, would I be allowed to pick up empty trailer after 10 hr. All was confirmed.
    I return after break and about 2 hours before I got there, consignor had released my trailer to another driver, different company. I am an O/O. This is my own trailer with personal Decals relating to my company. There's no way for confusing it with any other trailer.
    So I contact consignor and broker. Collect all info for broker to find this driver with my equipment. They took over 7 hours to contact this driver and now say he hasn't replied. I get no update when my equipment will be returned and just told "issue will be expedited". I've filed a police report today to light a fire but the deputy says since the other driver didn't purposely steal trailer, it was released to him, I must give ample time for the returning of equipment. That I have to be understanding.
    The broker and consignor got their load and this other carrier is probably running a load with my equipment. It's been 24 hours since this issue occurred. Who do I hold responsible? Consignor, broker, carrier? Btw, broker had this other carriers info because they were using the same broker to deliver a load at consignor. That's the consignor excuse for giving this carrier my trailer.

    What do I do now?
     
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  3. Tug Toy

    Tug Toy Road Train Member

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    Amazon?
    These actions have been reported on this site multiple times.
    I’m a flatbed but can’t imagine a circumstance where I would just leave my trailer anywhere except my own yard? Especially someplace like a distribution center where there is a sea of trailers and a mountain of employees that don’t give a ####.

    Good luck to you. Hope it works out for you?
     
  4. Studebaker Hawk

    Studebaker Hawk Road Train Member

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    I would report the trailer as stolen. Notify your insurance company. Someone has moved that trailer without your permission. How it happened or by whose negligence is not the question to be concerned with at this moment, the priority is to get the trailer back in your possession, and if any damage has been done to it, get paid for that.
     
  5. Dino soar

    Dino soar Road Train Member

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    Well the first thing is never drop your trailer anywhere ever. For what the cost of what that trailer is and if it were to become damaged or stolen and you lose work because of it it's not worth the little bit of extra they're going to pay you to drop it.

    Now to your question.

    First thing is contact ooida and contact a transportation attorney.

    They should have immediately been able to tell you the name and the company of that person that picked that trailer up.

    They should also have that on video, because every facility has video, of that truck leaving with your trailer, not to mention that truck coming in and being in the yard.

    There also should be a security log that has information on the truck and trailer as it left and that trucks information as it entered.

    And if the broker used that same carrier not only should the broker have immediately given you all that information to forward to the authorities, where you dropped the trailer should have done exactly the same.

    Did they not do that?

    I do not know how much time has passed but immediately as soon as possible you need to contact a transportation attorney and have them get started on it.

    The other thing is it would be a good idea if you were still near the facility to go back there and physically look for your trailer. Sometimes yards get mixed up and the jockey might have pulled it but they thought someone else took it who knows? It would not be the first time a facility has made a mistake.

    Other than that you have to wait to see what the lawyer says and what they can do about it.

    If it is not a mistake then unfortunately you're going to have to wait for the lawyer and law enforcement to track this person down. Assuming they are legitimate company with a legitimate business with MC number Etc, it shouldn't be difficult to track down who that is.

    And the lawyers will positively tell you what's what but if they released your trailer to someone that actually stole it it is not going to return it and it disappears I would certainly think that they bear responsibility.

    But you will now have to go to the lawyer route and follow that unfortunately to where it takes you.

    Please let us all know what happens with this.
     
    Pamela1990, T.Rucker, Wespipes and 4 others Thank this.
  6. RunningAces

    RunningAces Heavy Load Member

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    Try and discuss the matter in emails with the consignee and broker. I am not a lawsuit happy person but this looks like something you should definitely pursue for the lost revenue.

    Disclaimer, I'm an idiot and a truck driver, not a lawyer. Good luck.
     
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  7. OLDSKOOLERnWV

    OLDSKOOLERnWV Captain Redbeard

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    I have to fully agree here….^^^^

    It may have been removed with consent, but it was not removed with YOUR consent…..
     
  8. clausland

    clausland Road Train Member

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    I concur. Maybe it depends on the State, and may not apply to equipment, but here, unauthorized use of a vehicle is a criminal offense.

    Hindsight, but leaving equipment is usually not a good idea, especially now, but a pin lock woulda stopped that, along with providing a contact # if it was ready to be moved..
     
  9. OLDSKOOLERnWV

    OLDSKOOLERnWV Captain Redbeard

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    100%….

    I keep a pin lock in my side box just in the event I have to leave my trailer at the plant. If it needs moved they can call and I will make provisions to have it moved….
     
  10. Capacity

    Capacity Road Train Member

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    Pin Lock and glad hand locks both , cheap insurance.
    But a lock was made to keep a honest man honest.
     
  11. skallagrime

    skallagrime Road Train Member

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    Unfortunately for now, this is simply how it is, i would definitely pursue additional costs from the broker, (acting as agent for reciever/shipper) assuming the trailer does eventually come back to you unharmed, lost revenue seems reasonable plus a rental cost.

    I would let it play out a bit longer and see what the broker is willing to do before filing on the bond though, might work out just fine and you'll have just learned a lesson in never dropping YOUR trailer at a shipper/reciever
     
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